Arizona silver belt., 1887-01-29
sPECIOUs LEGIsLATEOy.

common carriers from charging ( greater rate for passenger fare tha, five centsper mile, within the Terri tOrF e 4fi1Ona, or five cents per mil, per ton for freight, or ten cents pc, mile pr car ipf live stock, and exact ing . pnalty of $500 from railroads for ell greater sum.
 The bill E ambiguous, in this, that i applies the restriction to "any rail read or other common carrier" ana exacts the $9oe penalty from railroad. only, fer an infraction of its provis. t6hs.
 If the intention of the bill was mol to apply the penalty to other "com. mon carriers"-express companies teamSters and stage companies, who are common carriers as well as rail roads-the query arises, is not this special legislatiohS-as iuterdited by the act of Congress, approved July 30 1886, which prohibits the enactment by territorial legislature, of any law granting specIal privileges or immu- mites to any corporation in the con- duct of the same business as is contem- plated by Ashurst's bill, which applies B penalty to railroads and excepts other common carriers from its infict- ion.
 To determine who is a common car rier, We adopt the definition of Chief Justice Parker of Massachusetts who defines them to be, "one who under takes, for hire, to transport the goods fsueh as choose to employ him, from place to place, and although such car rying is not his general business, but only occaslonal and incidental, he is still a common carrier" He also re- gardsd truck-men, porters and the like, who undertake generally to carry goods from one part of a city to another, as common carriers, as also wagonerS and teamSters engaged in carrying goods for hire, It has been held that there are no grounds in req son why the occasional carrier, who periodically, in every recurring year, abandons his other pursuits and assumes that of transporting goods for the public, should be exempt from any of the risks incurred by those who make the carrying business thelr con- stant or principal occupation. The mode of transportation is immaterial, to constitute common carrier.
 Telegraph Companies are also, in Contemplation of law, common earri- CTS and are subject to the rules of law covering the same. Stage coaches, buckboards and jerkies are placed within the category of common car rlers.
 The reforms sought by Ashursts measure have been anticipated by the Interstate Commerce bill, which pass ed both houses of Congress and will go into effect sixty days from the time of its passage. Ashurst's bill, in so far as it conflicts with the late con- gressional enactment, would be inop- erative and the latter law will give all the protection required, from extortion by railroads.
 The Interstate Commerce bill pro- gides that all charges made for any Service rendered in the transportation of passengers or property shall be reasonable and just, and every unjust or unreasonable charge for such serv- ice is prohibited and declared to be unlawful. Section 2 makes it unlaw- ful for any common carrier, subject to the provisions of this Act, to charge any person or persons greater or less compensation for trans porting passengers or property than it demands from any one else for like Service.
 Section 8 makes it unlawful to make or give any undue or unreasonable preference or advantage to any par ticular person, company, corporation or locality. It also provides that common carriers shall afford all req sonable, proper and equal facilities for the interchange of traffic between their respective lines and for the re- ceiving, forwarding and delivering of passengers and property to and from their several lines and those connect ing herewith, without discrimination in rates and charges.
 Section treats of the long and short haul and prohibits charging a greater compensation for transporting passengers or goods, under similar circumstances. for shorter than for longer distance over the same line unless by the consent of the Commis' sion.
 Section 5 makes unlawful the pool ing of freights of different and com,